Breaking news: Gonçalo Amaral's book copies to be returned today

by Guest 26.04.12 15:26

Breaking news: Gonçalo Amaral's book copies to be returned today
26 April 2012 | Posted by Joana Morais Leave a Comment

Breaking news: Gonçalo Amaral's book copies to be returned today Censhorship+mccann

The 7.500 book copies of "Maddie the Truth of the Lie" are being returned today to their rightful owners, the book publisher "Guerra & Paz". The McCann's libel lawyer, Isabel Duarte, has finally complied with the superior court ruling that ordered the "immediate return of the books" last month. It should be recalled the McCann couple attempted to ban the book of the first coordinator inspector of the Maddie case in 2009 with an injunction that was deemed as going against the Constitutional rights of Freedom of Expression and Information by the Court of Appeals of Lisbon. More on this later.

«We conclude that the applicants voluntarily decided to limit their right to the intimacy of private life, certainly envisaging higher values like the discovery of their daughter Madeleine’s whereabouts, but upon voluntarily limiting that right, they opened the doors for other people to give their opinion about the case, in synchrony with what they were saying, but also possibly in contradiction with their directions, yet always within the bounds of a legitimate and constitutionally consecrated right to opinion and freedom of expression of thought.

We do not see that the right of the book’s author, the defendant, can be limited by a right to the reservation of intimacy that suffered voluntary limitations by their holders, the applicants.

In the same way, concerning the applicants’ right to image and a good name: upon placing the case in the public square and giving it worldwide notoriety, the applicants opened all doors to all opinions, even those that are adversarial to them.

In any case, we understand that the allegation of facts that are profusely contained in the judicial inquiry and that were even published through an initiative of the Republic’s Attorney General’s Office, can in no way be seen as an offence against the right to image and a good name of the subjects in the process.

Finally, concerning the damage to the right to usufruct from the penal process’ guarantees, namely the right to a fair investigation and the right to freedom and safety, we still cannot understand how it is possible for said rights to be offended by the contents of a book that describes facts from the investigation, although it parts from the interpretation that the Public Ministry’s Magistrates made of those facts, yet offering based, solidly built and logical interpretations.

We thus reach a point where it seems to be important to stress the following: the indicative facts that led to the applicants’ constitution as arguidos within the inquiry were later on not valued by the Public Ministry’s Magistrates in order to lead to a criminal accusation, but those very same facts, seen through another prism and with another base, may lead to a different conclusion from that which was attained by those same Magistrates – those are indications that were deemed to be insufficient in terms of evidence in a criminal investigation, but they can be appreciated in a different way, in an interpretation that is legitimate to be published as a literary work, as long as said interpretation does not offend any fundamental rights of anyone involved – and we have written above already why we understand that said interpretation does not offend the applicants’ rights.

In a concise manner:

The book at stake in this process – “Maddie – the Truth of the Lie” – which was written by the defendant Dr. Gonçalo Amaral, has the main motivation of defending his personal and professional honour, as the author points out right away in the preface and throughout his text.

The contents of the book does not offend any of the applicants’ fundamental rights.

The exercise of its writing and publication is included in the constitutional rights that are secured to everyone by the European Convention on Human Rights and by the Portuguese Republic’s Constitution, namely in its articles 37 and 38.

As we arrive at this point, we conclude that the decision that was made by the Court a quo must be revoked, and the analysis of the other issues that are placed under appeal are not justified, as they are considered prejudiced.

The appeal by defendant Dr. Gonçalo Amaral is sustained.

The other appeals are not taken into consideration, as it is understood that their appreciation is prejudiced – article 660, number 2, of the Civil Process Code.» Extract from 'Lisbon Appeals Court Decision on the McCann Couple Injunction' October 24, 2012

http://joana-morais.blogspot.com/2012/04/breaking-news-goncalo-amarals-book.html

by Guest 26.04.12 15:28

by russiandoll 26.04.12 15:33

about time too. clapping

by **Nina** 26.04.12 15:41

I bet we shan't see that as breaking news on Sky or the old Beeb news. Is there a fine to pay for late return? There should be imo.

by auntiefi 26.04.12 15:48

could this be why the panorama was rushed out and the press have gone mad - smokescreen for the availability of Amarals book?

by **tigger** 26.04.12 15:51

auntiefi wrote:could this be why the panorama was rushed out and the press have gone mad - smokescreen for the availability of Amarals book?

Welcome auntie!
What a good idea! Yes, the thing was moved forward, if Amaral's book is out in English, will Amazon sell it? Otherwise one could start an Ebay shop.

by **Nina** 26.04.12 15:52

Can't do twitter, so those of you who can would you get the news out please? roses

by auntiefi 26.04.12 15:53

I would happily give up my weekends to do readings in the park in the summer months, spread some sense instead of the fairy tales contained within the McCanns vomit inducing publication not to mention the Scotland Yard work of fiction!

by **Nina** 26.04.12 15:55

auntiefi wrote:I would happily give up my weekends to do readings in the park in the summer months, spread some sense instead of the fairy tales contained within the McCanns vomit inducing publication not to mention the Scotland Yard work of fiction!

thanks auntiefi, and welcome.

by auntiefi 26.04.12 15:57

oh and Hi :) I've been lurking and reading for ages but can't stay quiet any longer. The gruesome twosome infuriate me!

by aiyoyo 26.04.12 16:46

Panorama was very timely publicity for Amaral's book. Hopefully people will rush out to buy it knowing the mccanns are trying to ban it, that must whet people's curiosity.

Silly R. Bilton reported Amaral made 300K profit on it, yet the mccanns are asking for 1.2M? Who has got it wrong then? Greedy mccanns no doubt!

by justme3 26.04.12 17:25

aiyoyo wrote:Panorama was very timely publicity for Amaral's book. Hopefully people will rush out to buy it knowing the mccanns are trying to ban it, that must whet people's curiosity.

Silly R. Bilton reported Amaral made 300K profit on it, yet the mccanns are asking for 1.2M? Who has got it wrong then? Greedy mccanns no doubt!

Yes, the hypocrisy stinks. The McCanns need to ask themselves WHO STARTED THE MONEY MAKING MACHINE!

by Guest 26.04.12 17:42

justme3 wrote:
aiyoyo wrote:Panorama was very timely publicity for Amaral's book. Hopefully people will rush out to buy it knowing the mccanns are trying to ban it, that must whet people's curiosity.

Silly R. Bilton reported Amaral made 300K profit on it, yet the mccanns are asking for 1.2M? Who has got it wrong then? Greedy mccanns no doubt!

Yes, the hypocrisy stinks. The McCanns need to ask themselves WHO STARTED THE MONEY MAKING MACHINE!

It tickled me when Clarence Mitchell said The Mccanns didn't start this action, at 4.35 into video. Who did Goncalo decided to sue himself? big grin

[youtube][/youtube]

by uppatoffee 26.04.12 18:26

Thought the interviewer was actually quite good there. Asking some relatively probing questions about the fund and how money was being spent.

Also thought I heard Clarrie refer to the mystery of Maddie McCann. Surely not? Or it it just Tony that can't say this?

Can't help but notice how awful he looks too. He has aged sooo much in the last 5 years!

by alfie02 26.04.12 18:31

Nina wrote:Can't do twitter, so those of you who can would you get the news out please?

I can do twitter

by Guest 26.04.12 18:32

uppatoffee wrote:Also thought I heard Clarrie refer to the mystery of Maddie McCann. Surely not? Or it it just Tony that can't say this?

Hang on I'll just check with CR... onphone

yes, that's correct, it's only Tony who can't say that.

by **sharonl** 26.04.12 18:33

Message posted on Facebook by Carolina Viola

"Just found out that Gonçalo Amaral will be on TVI news tonight with Judite de Sousa at 20h00 and he promises to be rough! Should make for very interesting viewing"

by Miraflores 26.04.12 18:34

I notice that the Guardian still has an article on its website about 'Judge Bans sale of Madeleine McCann book' -http://www.guardian.co.uk/uk/2009/sep/09/madeleine-mccann-book-ban?INTCMP=ILCNETTXT3487 conveniently placed so that those who are following the McCann ~~circus~~ story will see it. I have just emailed them to ask if they are aware that this ban was overturned, and that the books have been returned. I have asked whether they will put this information on the website or whether they will pull the original article.

I am not hopeful - I have just had an automated reply which suggests that they will read my email and then ignore it.

We really have to try to get this information out there.

by **Nina** 26.04.12 19:03

alfie02 wrote:
Nina wrote:Can't do twitter, so those of you who can would you get the news out please?

I can do twitter

Then well done 'cos I cannot work out who is saying what to whom. It is important though that this news is broadcast far and wide. So thumbsup

and another roses

.

by friedtomatoes 26.04.12 19:12

I am glad his books were returned. They were being illegally held. It must have stuck in their craw to do so.

I also particularly think Mr Amaral gave a brilliant answer to Bilton on Panoram as to why the book was written and that it was a reflection of the case to a certain date. He was not phased by the trip up question about making money from a missing child. Bilton should ask the Mccanns the same question and ask for proof of Mr Gerrys assertion on channel four that the vast majority of all funds has gone directly on search fees. Only fair.

by Miraflores 26.04.12 19:20

Miraflores wrote:I notice that the Guardian still has an article on its website about 'Judge Bans sale of Madeleine McCann book' -http://www.guardian.co.uk/uk/2009/sep/09/madeleine-mccann-book-ban?INTCMP=ILCNETTXT3487 conveniently placed so that those who are following the McCann ~~circus~~ story will see it. I have just emailed them to ask if they are aware that this ban was overturned, and that the books have been returned. I have asked whether they will put this information on the website or whether they will pull the original article.

I am not hopeful - I have just had an automated reply which suggests that they will read my email and then ignore it.

We really have to try to get this information out there.

Update: I had the following reply from the Guardian.

If the article was a truthful account at the time it was published then
it's unlikely that we will change it, but I will pass on your email to
our crime correspondent, who may be interested in the development of the
story that you mention.

Rory Foster
readers' editor's office

I am still cynical that anything will happen though.

by **sharonl** 26.04.12 21:58

An update about Goncalo Amarals' interview tonight from Carolina on Facebook

I just watched it and he was very good. He mentioned what happened to Ricardo Paiva with the entrapment and he also said that the investigators on his team are being persecuted. He says why does Redwood mention 195 leads why not just 5? He confirms that his opinion is based on facts but Redwood didn't say or even hint how he came to his "stupid" conclusion. He also made it clear that the McCanns never wanted the investigation to continue in 2008 and that anyone of the 3 arguidos could have asked for the case to remain open. GA also said that it is not possible for the PJ from Porto to investigate because you have to be where the crime took place. It was a good interview, Judite de Sousa let him talk and also asked intelligent questions. There's plenty more but I have see the recording later.
He also reiterated that he wants the case reopened but not on the terms that the English want to impose, which are an abduction and the parents innocence.

by Guest 26.04.12 22:10

Thanks for that sharonl, thumbsup

great stuff, am looking forward to reading the full transcript from Joana.

by Guest 26.04.12 22:12

sharonl wrote:An update about Goncalo Amarals' interview tonight from Carolina on Facebook

I just watched it and he was very good. He mentioned what happened to Ricardo Paiva with the entrapment and he also said that the investigators on his team are being persecuted. He says why does Redwood mention 195 leads why not just 5? He confirms that his opinion is based on facts but Redwood didn't say or even hint how he came to his "stupid" conclusion. He also made it clear that the McCanns never wanted the investigation to continue in 2008 and that anyone of the 3 arguidos could have asked for the case to remain open. GA also said that it is not possible for the PJ from Porto to investigate because you have to be where the crime took place. It was a good interview, Judite de Sousa let him talk and also asked intelligent questions. There's plenty more but I have see the recording later.
He also reiterated that he wants the case reopened but not on the terms that the English want to impose, which are an abduction and the parents innocence.

Maybe you could put this on another thread, too, Sharon as it's nothing to do with Goncalo's books Breaking news: Gonçalo Amaral's book copies to be returned today 110921

Breaking news: Gonçalo Amaral's book copies to be returned today 110921

Bloody moderators, you just can't get the staff Breaking news: Gonçalo Amaral's book copies to be returned today 82678

by Guest 26.04.12 22:18

admin wrote:
sharonl wrote:An update about Goncalo Amarals' interview tonight from Carolina on Facebook

I just watched it and he was very good. He mentioned what happened to Ricardo Paiva with the entrapment and he also said that the investigators on his team are being persecuted. He says why does Redwood mention 195 leads why not just 5? He confirms that his opinion is based on facts but Redwood didn't say or even hint how he came to his "stupid" conclusion. He also made it clear that the McCanns never wanted the investigation to continue in 2008 and that anyone of the 3 arguidos could have asked for the case to remain open. GA also said that it is not possible for the PJ from Porto to investigate because you have to be where the crime took place. It was a good interview, Judite de Sousa let him talk and also asked intelligent questions. There's plenty more but I have see the recording later.
He also reiterated that he wants the case reopened but not on the terms that the English want to impose, which are an abduction and the parents innocence.

Maybe you could put this on another thread, too, Sharon as it's nothing to do with Goncalo's books

Bloody moderators, you just can't get the staff

Terrible innit big grin

by Guest 26.04.12 22:18

I think sharonl is worried about starting a thread cos I keep merging em big grin

by Guest 26.04.12 22:30

I've done a separate thread for the Goncalo interview thumbsup

by Blimunda 26.04.12 22:49

tigger wrote:
auntiefi wrote:could this be why the panorama was rushed out and the press have gone mad - smokescreen for the availability of Amarals book?

Welcome auntie!
What a good idea! Yes, the thing was moved forward, if Amaral's book is out in English, will Amazon sell it? Otherwise one could start an Ebay shop.

From what we've seen fom these past years nobody would be interested in publishing dr. Amaral's books in English.
Amazon?! Didn't Amazon pull out Pat Brown's book?
If Amazon wouldn't allow P. Brown's book , I wonder how Amaral could ever fit on their shelves.....

by ShuBob 26.04.12 23:43

Blimunda wrote:
tigger wrote:
auntiefi wrote:could this be why the panorama was rushed out and the press have gone mad - smokescreen for the availability of Amarals book?

Welcome auntie!
What a good idea! Yes, the thing was moved forward, if Amaral's book is out in English, will Amazon sell it? Otherwise one could start an Ebay shop.

From what we've seen fom these past years nobody would be interested in publishing dr. Amaral's books in English.
Amazon?! Didn't Amazon pull out Pat Brown's book?
If Amazon wouldn't allow P. Brown's book , I wonder how Amaral could ever fit on their shelves.....

Unlike Pat Brown's which was self-published, Amaral used publishers and the book has been tested in the highest court in Portugal which concluded it didn't libel the McCanns. He will therefore be in a completely different position to Pat Brown re Amazon.

by Blimunda 27.04.12 0:29

ShuBob wrote:
Blimunda wrote:
tigger wrote:
auntiefi wrote:could this be why the panorama was rushed out and the press have gone mad - smokescreen for the availability of Amarals book?

Welcome auntie!
What a good idea! Yes, the thing was moved forward, if Amaral's book is out in English, will Amazon sell it? Otherwise one could start an Ebay shop.

From what we've seen fom these past years nobody would be interested in publishing dr. Amaral's books in English.
Amazon?! Didn't Amazon pull out Pat Brown's book?
If Amazon wouldn't allow P. Brown's book , I wonder how Amaral could ever fit on their shelves.....

Unlike Pat Brown's which was self-published, Amaral used publishers and the book has been tested in the highest court in Portugal which concluded it didn't libel the McCanns. He will therefore be in a completely different position to Pat Brown re Amazon.

Yes, Pat Brown's is a self-published book, but I don't think that's the issue here; for sure Pat Brown's book wasn't censored because of that....but because somebody didn't like it? ... Or have I misunderstood it?
I would like to be corrected if I'm wrong.
Well, as far as I know the McCanns still think dr Amaral's book to be libellous, that's why they still want to get him into court....
It seems to me that Amazon , as the British press and the British establishment all have the same views concerning what can be read or not read about this case.